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Scalia on use of foreign law

Posted by David Hardy · 26 February 2006 09:34 AM

CSPAN has video of Justice Scalia's presentation at AEI on proper use of foreign law by American courts. See it here. BTW, he cites the Second Amendment, pointing out that Federalist 46 scoffs at European governments that are afraid to trust their citizens with arms, and asking rhetorically if anyone believes we should scrap the second amendment because, well, European governments are afraid to trust their citizens with arms.

I haven't had time to watch, but am told Scalia's thesis was that foreign law has no place in American law, except to construe international treaties. His presentation is described as reasoned and moderate, and during the questioning period the comments are that he showed a rare ability to suffer fools gladly, while fielding some rather immature questions.

So how does the Associated Press cover the story? "Hecklers Disrupt Scalia at D.C. Appearance," not a mention of his speech, but saying some questioner was expelled, and that Scalia refused to answer questions unrelated to what he was speaking on, and a student said she felt really bas about it (what? Not answering questions? The questioner's conduct? His expulsion?)

You have to go to the legal blogs --Volokh Conspiracy linking to Point of Law just to find out about the supposed heckler who was expelled. Turns out he's a LaRouche activitist famous for doing the same thing to other speakers, who was making an involved speech about Dick Cheney and refused to actually ask a question despite Scalia's repeated requests that he get to the point.

I suppose the simplest explanation is that the AP reporter assigned listening in a growing mental fog to Scalia's presentation and, understanding not a word of it, had to write about something and so made the story about the fellow getting thrown out. And the MSM wonders why it's increasingly seen, not only as biased, but as irrelevant.

It was Ruth Buzzi Ginsberg who wants to create for us a more "European" type government including distrust of the citizens having posession of effective weaponry and laws passed by simply announcing the existence of the new order PLUS she was a former president of the ACLU.